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Sale or loan to persons over seventeen - See Act 269 of July
31, 1968
(18 P.S. §4524)

733.01 SALE OR EXHIBITION TO MINORS UNDER
SEVENTEEN.

No person shall knowingly offer to sell, lend, distribute,
exhibit, give away or show to any person under the age of
seventeen years:

(a) Any picture, photograph, drawing, sculpture, motion picture
film, or similar visual representation or image of a person
or portion of the human body which depicts nudity, sexual
conduct or sadomasochistic abuse and which is harmful to persons
under the age of seventeen years; or

(b) Any book, pamphlet, magazine, printed matter however
reproduced, or sound recording which contains any matterenumerated
in subsection (a) hereof, or explicit and detailedverbal descriptions
or narrative accounts of sexual excitement,sexual conduct
or sadomasochistic abuse and which, taken as awhole, is harmful
to persons under the age of seventeen years.
(Ord. 2154 §1. Passed 6/17/69.)

733.02 OFFERS AND ADMISSION TICKETS; EXCEPTIONS.

No person shall knowingly offer to exhibit to a person under
the age of seventeen years or knowingly offer to sell to a
person under the age of seventeen years an admission ticket
or pass or knowingly admit a person under the age of seventeen
years to premises whereon there is exhibited a motion picture
show or other presentation which, in whole or in part, depicts
nudity, sexual conduct or sadomasochistic abuse and which
is harmful to persons under the age of seventeen years, except
that the foregoing shall not apply to any person under the
age of seventeen years accompanied by his parent. (Ord. 2154
§1. Passed 6/17/69.)

733.03 DEFINITIONS.

As used in this Article:

(a) "Nudity" means the showing of the human male
or femalegenitals, pubic area or buttocks with less than a
fully opaque covering, or the showing of the female breast
with less than a fully opaque covering of any portion thereof
below the top of the nipple, or the depiction of covered male
genitals in a discernibly
turgid state.

(c) "Sexual excitement" means the condition of
the human male or female genitals when in a state of sexual
stimulation or arousal.

(d) "Sadomasochistic abuse" means flagellation
or torture by or upon a person clad in undergarments, a mask
or bizarre costume, or the condition of being fettered, bound
or otherwise physically restrained on the part of one so clothed.

(e) "Harmful to persons under the age of seventeen years"
means that quality of any description or representation, in
whatever form, of nudity, sexual conduct, sexual excitement
or sadomasochistic abuse, when it:

(1) Predominantly appeals to the prurient, shameful or morbid
interest of persons under the age of seventeen years;

(2) Is patently offensive to prevailing standards in the
adult community as a whole with respect to what is suitable
material for persons under the age of seventeen years; and

(3) Is utterly without redeeming social importance for persons
under the age of seventeen years.

(f) "Knowingly" means having general knowledge
of, or reason to know, or a belief or ground for belief which
warrants further inspection or inquiry or both:

(1) The character and content of any material described herein
which is reasonably susceptible of examination by the defendant,
and

(2) The age of the person under the age of seventeen years,
provided, however, that an honest mistake shall constitute
an excuse from liability hereunder if the defendant made a
reasonable bona fide attempt to ascertain the true age of
such person under the age of seventeen years. (Ord. 2154 §1.
Passed 6/17/69.)

733.04 SEVERABILITY.

The provisions of this article are severable, and, if any
of its provisions shall be held illegal, invalid or unconstitutional,
the decision of the court shall not affect or impair any of
the remaining provisions of this article. It is hereby declared
to be the intention of Council that this article would have
been adopted if such illegal, invalid or unconstitutional
provisions had not been included herein. (Ord. 2154 §1.
Passed 6/17/69.)

733.99 PENALTY.

Any person who violates any provision of this article shall
be fined six hundred dollars ($600.00) or imprisoned not more
than ninety days, or both. (Ord. 2154 §4. Passed 6/17/69;
Ord. 3242-Passed 2/7/89)